Understanding Delhi Urban Shelter Improvement Board Act, 2010 (Delhi Act 07 Of 2010)

The Delhi Urban Shelter Improvement Board (DUSIB) was established in July 2010 to improve the living conditions of slum and JJ (Jhuggi-Jhopri) dwellers in Delhi, the capital city of India. Governed by the DUSIB Act, the board has the authority to designate specific areas as slums based on the availability of civic services. Its responsibilities include organizing the resettlement of squatters, providing essential facilities, and ensuring their rehabilitation. The JJ and Slum Department, previously part of the MCD, is now integrated into this Board, replacing its earlier operation under the Slum Improvement and Clearance Areas Act, 1956. The demolition / Re-contruction of Jhuggi Jhopri Basti The Board has the authority to develop a plan for relocating residents in informal settlements without their consent and is responsible for facilitating their removal and resettlement. Section 10 of the act deals with the removal and resettlement of the people in jhuggi jhopri, which states as: "The Board has the power to prepare a scheme for the removal of any jhuggi jhopri basti and for resettlement of the residents thereof without requiring their consent." [section 10(1)]The Board, after consulting the Government, may remove and resettle eligible residents of jhuggi jhopri bastis in accordance with a prepared scheme. The local authority, police, and other agencies must cooperate and assist the Board [section 10(3)].If the basti is on Central Government land, removal and resettlement require the Central Government's consent and must comply with relevant laws and plans [section 10(3)]. Grounds to issue Notice of Eviction The 2010 Act empowered the board with the authority to issue eviction notices and remove the Jhuggi and Jhopri. The specific grounds for issuing such notices are outlined below: If the Board believes that any individuals are occupying public premises and should be removed, the Board will issue a written notice calling on all involved parties to explain why an eviction order should not be issued [sec. 41(1)]The Board may, subject to the provisions of this Act, make temporary use of any vacant site which, in its opinion, is urgently required for provision of public conveniences or drainage, the absence of which, in the opinion of the Board, is likely to cause a danger to public health and sanitation in the locality [Sec.14]the Board is satisfied that the public premises are in unauthorized occupation, the Board may make an order of eviction, for reasons to be recorded therein, directing that the public premises shall be vacated, on such date as may be specified in the order [Sec.42] Dispute mechanism under the Delhi Act (07 of 2010) When the board issues a notice for the removal of a jhuggi Jhopri, there is a high chance of a dispute. The DUSIB Act provides a mechanism for resolving such disputes. According to the Delhi Act 07 of 2010, an individual can seek justice from the appropriate authority. The complete mechanism provided by the act is as follows: Initial Dispute: If a person is aggrieved by any notice, order, or direction issued by the Board, they can file an appeal to the Lieutenant Governor of Delhi within thirty days from the date of receipt of the notice, order, or decision. [S.45(1)] Appeal to Lieutenant Governor: The appeal should be made in the prescribed form and accompanied by a copy of the notice, order, or direction appealed against, along with any fees as may be required by rules. The Lieutenant Governor will review the appeal and provide a final decision. [S.45(2)] Final Decision: The order of the Lieutenant Governor on the appeal is considered final. [S.45(3)] Further Recourse: If a person is not satisfied with the decision of the Lieutenant Governor, there is no specific provision mentioned in the provided excerpts for filing a further appeal. In such cases, seeking legal advice or exploring other legal avenues available under the relevant laws and regulations in Delhi may be necessary. Legal Proceedings: No prosecution for any offense punishable under this Act can be instituted without the previous sanction of the Board. Additionally, no court inferior to that of a Metropolitan Magistrate can try any offense punishable under this Act. [S.48(2)] Protection of Action: Legal protection is provided for actions taken in good faith under the provisions of this Act or the rules and regulations made thereunder. No suit or legal proceeding can be instituted against the Board or any person acting under the direction of the Board for actions done in good faith, [S.49] Revision- The Lieutenant Governor can review decisions made by the Board to ensure their legality and propriety. If necessary, the Lieutenant Governor can modify, annul, or revise those decisions after...

Understanding Delhi Urban Shelter Improvement Board Act, 2010 (Delhi Act 07 Of 2010)

Md Shakil Ansari & Shariq Ahmad

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